Conclusion (Labour Management Arbitration in Canada)


Labour management arbitration, as described in this paper, has features, such as simplified rules, that meet the objectives of recent reports on access to justice and reform of the civil justice system. Arbitration has a multi-function system, where the parties may utilize the appropriate option, such as traditional arbitration, mediation, expedited arbitration, med-arb and other alternative dispute resolution procedures. Arbitrators in Canada have the expertise and training to offer various ADR procedures, having regard to principles of proportionality and the wishes of the parties. Arbitrators already see themselves as problem solvers, and not simply neutral adjudicators. Arbitrators are specialists in labour relations, with the expertise to efficiently make decisions, or to suggest creative options for the parties to settle their disputes. The arbitration system has the flexibility to meet the scheduling needs of the parties, such as arranging pre-hearing meetings on short notice and making rulings necessary to facilitate the hearing proceeding as scheduled. Arbitration provides a simplified procedure, without excessive rules or formalities, that helps to reduce costs and save time. Most of all, arbitration belongs to the parties. Arbitrators exist to serve the parties and resolve disputes. These features are characteristic of the system advocated by recent civil justice reform initiatives in Canada.